The court has, however, ordered a status quo on worship by both Hindu and Muslim sides. The Muslims can continue to enter and offer prayers at the mosque from the northern side, while the Hindus can enter from the south
According to the counsel for the Hindu side, Madan Mohan Yadav, the Muslim side told the court of in-charge district judge Anil Kumar on Tuesday that they were fasting because it was the month of Ramzan. Therefore, they should be given time to present their side, he said.
"We will tag this with the main case," a bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra said.
The Allahabad High Court judgment, which was passed on February 26, dismissed an appeal by the Gyanvapi mosque committee against a Varanasi district court order allowing Hindus to offer prayers in the restricted area called Vyas Ka Tehkhana.
According to the petitioner, 'Vyasji’s' entry was prohibited in the 'tehkhana' in December 1993 and hence the prayers had to be discontinued
The Varanasi district court had on January 31 ruled that a priest can perform prayers before the idols in the southern cellar of the Gyanvapi mosque.
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While the VHP welcomed the order, Muslim side counsel Mumtaz Ahmed said they will challenge it in the high court. The judge has said the plaintiffs can submit their objections before the court on February 8.
The court asks to make arrangements for puja in seven days and a pujari has to be nominated by Shri Kashi Vishwanath Temple Trust.
A total of 11 people, including from both the Hindu and the Muslim sides, earlier in the day applied in the court to get the ASI survey report on the Gyanvapi complex adjoining the Kashi Vishwanath temple.
The plaintiffs sought to clean the tank citing the presence of dead fish inside the wazukhana serving as an ablution area at the mosque,
The Archeological Survey of India (ASI) had on January 3 urged the court not to make its report public for at least four more weeks, according to the lawyer for the Hindu side, Madan Mohan Yadav.
According to the lawyer, the ASI requested the court for four more weeks before the sealed survey report is opened.
Advocate Madan Mohan Yadav, who is representing the Hindu petitioners, said, "The report in sealed cover was placed before the court by the ASI's standing counsel Amit Srivastava."
The ASI was earlier given time till November 17 to submit the report but on Friday, its counsel sought 15 more days from the court.
Authorities had barricaded and locked the basement known as Vyas ji ka Tehkhana in 1993. Prior to it, the basement was used for worship by Somnath Vyas, a priest, according to petitioner Madan Mohan Yadav.
District Judge A K Vishwesh passed the order on September 13 and a copy was served to the government counsel as well as to the lawyers of the Hindu and Muslim sides the next day, according to Madan Mohan Yadav, who represents the Hindu side in the case.
The ASI team carried out the work of measurement, mapping and photography of the Gyanvapi complex, government counsel Rajesh Mishra said.
Government counsel Rajesh Mishra said that on August 6 the survey work began at around 8.00 am and will continue till 5.00 pm.
Government counsel Rajesh Mishra, who was with the ASI survey team during the day-long exercise a day before as well, on Saturday said the team started work in the morning and it would continue at 5 pm.
Gyanvapi Case Highlights: The high court stated that there is no cause to doubt the ASI's representation that the survey won't result in structural harm.
A Varanasi court directed the Archaeological Survey of India (ASI) on Friday to conduct the survey -- including excavations, wherever necessary -- to determine if the mosque was built at a place where a temple existed earlier.